The 'no notice' threads

**TheFaQQer** · 7 March 2013, 10:41

Originally posted by curtis View Post

In peoples experience where they have had no notice period and wanted one have you always been successful in getting one added or have you had a 'No' from the agent?

It depends on two things - the client and the agency.

I've had agencies have no problem with putting a reciprocal notice period in the contract, and I've had a couple refuse because the client insisted on it (and having asked the client, that was correct).

I'm really not fussed - the only time I've ever given notice on a contract was when I left a week early, because the client was only offering one month extensions at the end of each month and I had a six month role to go to. I've also only had one contract where I wished that I could have given notice and couldn't - I stuck it to the end and then turned down the extension (leading to six months on bench time, but that's a different story!)

**BolshieBastard** · 7 March 2013, 10:54

Lots of banks especially barcrap, have no contract termination clause.

I guess a lot depends on your point of view and the exact wording. If you are taking a contract and likely to jump ship early because you've accepted a piss poor rate or location you wouldnt normally go for and, the agent slips in a penalty ealry termination ie if you dont complete they'll charge you the equivalent to a week's rate, then, you might want a recipricol clause. If not, you wont be that bothered.

In any event, not having a termination clause doesnt mean you cant always end a contract early as most agents will negotiate you out ie client has to find a replacement first.

That said, there's some points that should be considered;

If you consider yourself a proper limited, you shouldnt really be jumping ship early because you've now found a role paying more like your preferred rate. You should have a subbie clause in your contract and, look to use this rather than terminate. If you get a track record for terminating early, dont be surprised if you find the roles drying up.

B&C have told me as part of contract reviews, recipricol termination (resignation) clauses are what permies have. B&C didnt say it was therefore a strong pointer to IR35 caught, just that it is there.

In the current market, turning down a contract because you cant get a termination clause would, imo, be foolish. As previously said, you should have a subbie clause so termination being present or not, shouldnt be an issue.

**curtis** · 7 March 2013, 11:13

I don't want one in as I intend to use all the time and this is the problem as Bolshie just mentioned its immediately thought that if you want one put in its to jump ship to something better for me its more to fall back on if I have to and then it meaning no hassle with the agent/client. Also as mentioned I work through an umbrella so IR35 does not really effect me.

I don't like to feel trapped in any role and if I come across any role that is not very good having that get out if I need it can keep me coping till the end and obviously if its that bad I can use it to get out.

It would also worry me a bit if there was no notice as I have heard before that an agency won't want one in if they have a bad job and several people have left as its a way of keeping them in there and stopping them from leaving also.

**northernladuk** · 7 March 2013, 12:24

Notice periods are prettey irrelevant. If the client doesn't want you he doesn't offer you work and you don't get paid. If you have no work to do you don't come in and get paid etc. It stands for nothing really. A good relationship with your client is much more important as they will give you the heads up on what is going to happen to you regardless of what is on your contract.

If they want rid of you you are going to go, notice period or not. If you want to leave, you can negotiate your way out notice period or not.

You are going to have to get your head around this when you finally give up with the brolly.

**SandyD** · 7 March 2013, 12:28

How does the no notice period work if the client wants to apply rate cuts? I have been fortunate to never have one, but if no notice period and client wants to do a rate cuts, do they offer a new contract? Or continue the old contract with the new rate? And in such case would the contractor be able to leave early?

**curtis** · 7 March 2013, 12:33

If you want to leave, you can negotiate your way out notice period or not.

Yes you have to negotiate and then hope that it works out. A notice period makes it simple and straight forward no-one can moan (well the agent can still moan but if its in the contract then its agreed)

I completely understand that notice periods are irrelevant from the client side if they want you gone your gone but it never works that way a lot the other way round and hearing 'withholding payments', agents kicking up a huge fuss and threatening this can be all so much easier with a notice clause put in.

**TheFaQQer** · 7 March 2013, 12:58

Originally posted by SandyD View Post

How does the no notice period work if the client wants to apply rate cuts? I have been fortunate to never have one, but if no notice period and client wants to do a rate cuts, do they offer a new contract? Or continue the old contract with the new rate? And in such case would the contractor be able to leave early?

New rate = new contract. You either accept it or you don't.

**SandyD** · 7 March 2013, 13:16

Originally posted by TheFaQQer View Post

New rate = new contract. You either accept it or you don't.

Thanks you.

**cojak** · 7 March 2013, 13:21

Originally posted by TheFaQQer View Post

New rate = new contract. You either accept it or you don't.

The agent states somewhere in the notice email that a refusal to accept a rate cut means that you'll be tterminated at the end of the month/week/day.

I replied that I completely understand and please consider this my refusal, I'll clear my desk at the end of the month.

The 'no notice' threads